Is Indian sex toys illegal? What is a legal sex toy?

What do you think sex toys are illegal or legal in India? Do you have any idea?
After doing lots of researches we found that sex toys come neither in the legal category nor in the illegal category. Sex toys in India belong in the grey category.
Here, we take a closer look at this riddle.

Is sex toy illegal in India?

Sex toys are openly sold in India now a day. But the law regarding the sex toys is unclear in India. While researching on google, we found that some say that sex toys are completely illegal whereas some say that sex toys are legal in India.
But the truth is sex toys are neither completely illegal nor completely legal. It is in the grey category. It means that it depends on the particular categories of sex toys.

For example – Sexual wellness product like condoms, sex lubricants and enlargement gel are legally sold. These products are also easily available at pharmacies across all over India.

When we talk about sex toys like dildo, or male masturbator than these sex toys may violate obscenity laws and fall within a legal grey area. In most of the cases, it depends on how the products are sold, showing some suggestive picture and graphic description or not.
Display or exhibition of sex toys in an obscene manner in India is completely illegal. But if the sex toys are not in an obscene manner than it is completely legal.

The trend that sex toys are illegal

Most of the Indian people think that selling and purchasing sex toys are illegal in India. But the truth is sex toys are not illegal in India at all.

According to Indian law, only that object is illegal in India which consists of “OBSCENE”. Any product which contains “obscene” either it is painting, drawing, sex toys or any other object than it is illegal.

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Why sex toys are considered illegal in India?

As we all know that Indian people are very shy. They never openly talk about sex toys or sexual things. Indian culture is also totally different from western culture.
Most of the Indian people now a day use the sex toys to satisfy their sexual desired and to reach the orgasm but they never accept that in from of anyone that they use the sex toys.
We sextoys-india feel that this is one of the reasons that sex toys are considered as illegal in India.
We also heard that many Indian people got sex toys from Amazon internationally and faced a big problem and had to be embarrassed in front of the customs staff because the customs staffs also consider sex toys as illegal.

Is selling or manufacturing a sex toy in India is legal?

It’s difficult to say the exact answer to this question.
As you know that sex toys come under the grey area of law and according to the section 292 – the sale, advertisement, distribution and the public exhibition of Obscene books, sketch, drawing or any other “OBSCENE” object is illegal.
So, if the sex toys contain any types of an obscene object than definitely selling and manufacturing of the product is illegal as per the above law.
But, in case, if it does not contain any types of an obscene object than definitely you can easily purchase and manufacture the sex toys and it does not come under section 292.
India has the largest client base and you can also know that it is the second-most populous country in the world. So, if any company wants to do the business in India they have to follow the section – 292 laws.

What is the law that prohibiting the sale of sex toys?

There are no such laws which say that purchasing and selling sex toys are completely banned in India.
Most of the people say that according to section 292 – selling and purchasing sex toys are banned in India.
But do you know what this law is?

According to SECTION 292 OF INDIAN PENAL CODE (IPC), The sale, advertisement, distribution and the public exhibition of Obscene books, sketch, drawing or any other “OBSCENE” object is illegal.

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This law was taken from the British Constitution and was specially designed to address obscenity in painting and erotic literature. At that time, people do not have any idea regarding sex toys, porn or the internet.
Section 292 of Indian penal code(IPC) never says that selling or purchasing the sex toys are illegal. It says that selling any object which contains obscene is illegal.

Does a sex toy fall under the definition of “Obscenity”?

Before discussing the topic “sex toys fall under the definition of obscenity” first you should understand the definition of Obscenity.

According to wikipediaAn obscenity is any utterance or act that strongly offends the prevalent morality of the time.

Wikipedia

In India, if an object is considered as Obscenity then these two conditions must apply on it –
Lascivious or appeals’ to prurient interests
Have a tendency to ‘corrupt or deprave.’

If an object is applying this condition then it comes under the “Obscenity”.
But in 2011,

The Calcutta High Court address the issue that whether selling or purchasing the sex toys comes under the charges of “Obscenity”. The court held that because the sex toys fulfil the sexual desired, it cannot be labelled as “Obscene”.

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So, now it’s cleared that sex toys do not fall under the definition of “Obscenity”. Not only we sex toys-india.shop are saying, but it has been approved by the Calcutta High Court.

What is the current status of sex toys in India?

The sex toys market has been around in all over India and it is no secret. Day by day the popularity of sex toys gets increases. In the last few years, 2016-2017, the sex toys industry worth Rs 1200 – Rs 1500 crores.
But as per the financial daily, The Indian sex toys market is going to hit approx Rs 9,000 crore till the end of 2020.
But we think that the demand is much more than this. There are many people who want to purchase sex toys but unable to purchase due to its high price.
A huge population of India wants to experience the sex toys feeling but is uncomfortable to purchase sex toys even from the online store because they thought that it is illegal.
If the Indian Government regulates this sector and collect the taxes and import duties than they can earn at least Rs 1500 crores from these Industries.

Is the sex toys market only restricted in metro cities?

Most of you think that only the people who live in the metro cites can purchase sex toys and use it. It is not completely true. But you can say that a huge population who live in metro cities can purchase sex toys once in their life.
Now a day, rural area and small cities people also spend lots of money on sex toys so that they can satisfy their partner.
As per our analytics, almost 61% of the traffic comes from metro cities and big cities like Jaipur, Ahmedabad, Pune, Mangalore, Chandigarh, Warangal etc. These traffic contribute almost 58% in sales.
Whereas almost 38 % of traffics comes from the rural area and small town and it contributes almost 42% sales.

What is customer demands?

As we all know, India is a male-dominated country. But now the time has changed. Female also get equal rights.
When we take about sex toys, more women, single or girls who are in a relationship, are open to experimenting with sex toys. 2-3 years ago, men or female generally purchase the fleshlight and dildo.
But now in recent year, they want more variety, including high tech toys like controlled via Bluetooth, remote or apps. They also demand a high-quality sex doll.
We also have seen that many female customers demand us to bring the sex toys which is shown in the movies Lust stories, Veer di wedding and lipstick under my burkha and web series like four more shots, please. They want us to ship these types of sex toys discreetly on their home.
We get a huge no. of order from our male customer who wants the best vibrator toy for their female partner or girlfriend.
When we talk about the male customer, they generally demand the low price full body sex doll which provides them very similar feeling like the real sex with a female partner.

Some frequently asked questions –

Here, we sextoys-india.shop just want to share some of our customer query with you. After reading this, hope you are able to clear your doubt.

Is it a crime to use sex toys in India?

No…Definitely not…If someone says that using sex toys is a crime then it is 100% wrong.
In India, there is no such rule which says that “using sex toys is a crime”.
Currently, no laws specifically ban on sex toys. So, if you have sex toys, you can easily use it without any fear.

Is purchasing sex toys or keeping sex toys at home an offence?

No….purchasing sex toys or keeping sex toys at home is not an offence at all unless and until an individual is private about its usage and functioning. Everyone has his/her private life and no one has the right to interfere in his/her private life.
The individual has the full right to do whatever he/she wants to do but with some boundations. SO, he or she can keep sex toys at her/his house and use it whenever they want without any fear.

Is it legal to import a sex toy?

The answer to this question is – yes and no. It means that it depends on the particular product. If the particular sex toy does not contain any obscene language or objectionable picture then it is completely legal and you can easily import it.
In the same way, if some particular sex toys contain any obscene language or objectionable picture then it’s become difficult to import.

Summary

The conclusion of this article is – sex toys are neither legal in India nor illegal. The only things you should keep in mind is it does not come under the category of “OBSCENE”. If it comes under the category of “OBSCENE” than it will be illegal. The same thing you should keep in mind while selling or manufacturing sex toys.
Now, you know that sex toys comes under the grey category than also sex toys industries will hit approx Rs 9,000 crore till the end of 2020 – 2021. Not only the metro cities but the ruler area and small-town people also purchase the sex toys for sexual satisfaction.

I wrote this article!
STI staff

Staff of SEX Toys India, which sells sex toys made in India by Indians for Indians. I've been involved in sex toys for over 5 years, and I blog about knowledge about sex toys and sex techniques.

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